Moore v. State

LATTIMORE, Judge.

Conviction for assault to murder; punishment, two and one-half years in the penitentiary.

We see no reason for discussing the facts in this case further than may be necessary to set forth our reasons for our decision. The fourth paragraph of the charge of the court below is as follows:

“Serious bodily injury is such an injury as causes apprehension of death.

Appellant excepted to the giving of such charge, This charge clearly gave an incorrect definition of serious bodily injury as has been often held by this court. See Bruce v. State, 41 Texas Crim. Rep., 27; McKee v. State, 93…